E-Book Overview
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index.
Volume 1: The Law and the Right, a Reappraisal of the Reality that ought to be
by Enrico Pattaro
This work brings out and recovers the normative dimension of law, called "the reality that ought to be", placing within this reality the idea of what is right. Part I reconstructs the current as well as the traditional civil-law conception of the reality that ought to be and raises some critical theoretical issues. Part II introduces some basic concepts on language and behaviour and presents a conception of norms as beliefs. Part III aims to find explanations for the idea of a reality that ought to be. Part IV consists of inquiries focussed on Homeric epic, the natural-law school, and the normativistic view of positive law.
E-Book Content
A Treatise of Legal Philosophy and General Jurisprudence Volume 1 The Law and the Right A Treatise of Legal Philosophy and General Jurisprudence Editor-in-Chief Enrico Pattaro, CIRSFID and Law Faculty, University of Bologna, Italy Advisory Board Norberto Bobbio † Ronald M. Dworkin, School of Law, New York University, USA and Faculty of Law, University College London, UK Lawrence M. Friedman, Standford Law School, Stanford University, USA Knud Haakonssen, Department of History, University of Sussex, UK Associate Editors Gerald J. Postema, Department of Philosophy, The University of North Carolina at Chapel Hill, USA Peter G. Stein, Faculty of Law, University of Cambridge, UK Assistant Editor Antonino Rotolo, CIRSFID and Law Faculty, University of Bologna, Italy A Treatise of Legal Philosophy and General Jurisprudence Volume 1 The Law and the Right A Reappraisal of the Reality that Ought to Be by Enrico Pattaro CIRSFID and Law Faculty, University of Bologna, Italy with an Appendix by Alberto Artosi, Antonino Rotolo, Giovanni Sartor and Silvia Vida Assistant Editor: Corrado Roversi A C.I.P. Catalogue record for this book is available from the Library of Congress. 5 Volume Set: ISBN-10 1-4020-3387-7 (HB) Springer Dordrecht, Berlin, Heidelberg, New York ISBN-10 1-4020-3505-5 (e-book) Springer Dordrecht, Berlin, Heidelberg, New York ISBN-13 978-1-4020-3387-2 (HB) Springer Dordrecht, Berlin, Heidelberg, New York ISBN-13 978-1-4020-3505-0 (e-book) Springer Dordrecht, Berlin, Heidelberg, New York Published by Springer, P.O. Box 17, 3300 AA Dordrecht, The Netherlands. Printed on acid-free paper All Rights Reserved © 2005 Springer No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and execut